Bronx New York: A Comprehensive Overview of the Disclaimer of Implied Warranties The Bronx, a borough of New York City, is often referred to as the birthplace of hip-hop and a culturally vibrant neighborhood. However, just like any other bustling urban area, individuals and businesses in the Bronx sometimes find themselves in need of legal protection, particularly when it comes to warranties. The Disclaimer of Implied Warranties is a legal concept that applies to a wide range of transactions and goods. It aims to protect both buyers and sellers by clarifying the terms and conditions regarding product warranties, emphasizing that certain warranties are not automatically implied unless explicitly stated. In the Bronx, businesses and consumers regularly encounter different types of Disclaimer of Implied Warranties, some of which include: 1. Express Warranty Disclaimers: This type of disclaimer explicitly negates any implied warranties and relies solely on the explicit warranties provided in writing. Express warranties are generally provided by sellers or manufacturers and can vary from product to product. 2. Fitness for a Particular Purpose: Under this type of warranty disclaimer, the seller notifies the buyer that the product or service is sold "as is" without any warranty that it will suit the buyer's specific needs or purposes. This disclaimer is crucial when buying specialized products, such as medical equipment or software. 3. Merchantability: The Disclaimers of Implied Warranty of Merchantability state that the product being sold will serve its basic purpose and is of average quality. By disclaiming this warranty, sellers are exempting themselves from any legal obligations regarding quality and suitability for typical use. 4. Used Goods: When purchasing used goods in the Bronx, a specific type of warranty disclaimer may apply. In such cases, sellers often state that the product is sold "as is" with no warranties, highlighting that any issues or defects are the responsibility of the buyer, emphasizing the importance of thoroughly inspecting pre-owned items. It is essential for both businesses and consumers in the Bronx to understand the implications of these types of disclaimer of implied warranties. Such knowledge can help prevent any misunderstandings or disputes regarding product quality, functionality, and fitness for use. Disclaimer: The information provided in this content is for general informational purposes only and should not be considered legal advice. Laws and regulations regarding warranties vary, and consulting with a qualified attorney is recommended for specific legal advice related to the Bronx or any other jurisdiction.
Bronx New York Disclaimer of Implied Warranties
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To disclaim implied warranties, the seller must inform the buyer in writing that the seller would not be liable if the product is defective or does not perform as the buyer believed it would.
To disclaim implied warranties, the seller must notify the buyer in writing that the seller would not be liable if the product is defective or does not perform as the buyer thought it would.
A seller can easily disclaim express warranties by including statements in brochures, samples, and models stating that no warranty exists. In addition, salesmen should be cautious not to make verbal promises without a disclaimer.
In most places, implied warranties can be disclaimed. However, there are federal and state laws that impose restrictions on disclaimers on consumer goods.
(2)Subject to subsection (3), to exclude or modify the implied warranty of merchantability or any part of it the language must mention merchantability and in case of a writing must be conspicuous, and to exclude or modify any implied warranty of fitness the exclusion must be by a writing and conspicuous.
A warranty disclaimer is a statement declaring that a company is not responsible for any damaged products or inaccurate content they might provide. They are also called as-is disclaimers.
Except as specifically provided in a mutually agreed upon SOW between the Parties, there are no other warranties by either party, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose.
Role of the Uniform Commercial Code The Uniform Commercial Code (UCC) permits sellers of goods to disclaim the implied warranty of merchantability.
However, when it comes to disclaiming implied warranties, state law (in most states) simplifies things by providing that a dealer can disclaim the implied warranties of merchantability and fitness for a particular purpose by using the words "as is," "with all faults," or other language that, in common understanding,
The UCC has two provisions relating to disclaimer or modification of merchantability. Under the first, a seller who wishes to exclude or limit the implied warranty of merchantability must mention the word "merchantability." Under this rule, general language such as "no implied warranties are made" is not sufficient.
